DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.474/2013

Mr. Rahul Agrawal

R/o 11/503, Shahjahnabad Society

C.G.H.S, Sector-11 Plot No.1

Dwarka-110075                                                   ….Complainant

Versus

Signature Siestas Pvt. Ltd.

Through Its Managing Director                        

K-28, 2^nd Floor Lajpat Nagar-II

New Delhi-110024                                             ….Opposite Party

                                                Date of Institution        : 09.09.13                      Date of Order      : 07.05.19

Coram:

Sh. A.S. Yadav, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member               

1. The complainant, Rahul Aggarwal lured by the false representations of Signature Siestas Pvt. Ltd. (OP) purchased one year Trial Membership by paying a sum of Rs.12,000/- through the credit card on 08.09.12. As per the terms and conditions of the Trial Membership termed as ‘the Fort Chanwa Club membership purchased terms and conditions’ OP gave the impression that the said company is floated by the Fort Chanwa Luni.  
   1. It is averred that the OP presented the complainant with a free holiday voucher of Manali for 3 nights/4 days stay at any of their tie-up hotels without any charge. In order to avail the free gift holiday voucher and also to verify the quality of their services complainant enquired about the tie-up hotel in Manali. However, the complainant did not like the sub-standard tie-up hotel of their Manali property and as such never utilized the said gift voucher. However, on 13.10.12 the complainant through e-mail requested OP to avail bookings for 3 nights at Mumbai from 13.01.13 to 15.01.13 on Trial RCI Membership on the choice of RCI affiliated property. The bookings were requested for, 3 months in advance. OP reverted back on 19.10.12 alleging that their company had received the confirmation voucher for Manali bookings and as such the credits have been cancelled and the nights of such Manali bookings have been debited to the complainant’s account. Any future confirmations were subject to deposit of exchange fees of Rs.6,500/- plus taxes.
   2. It is next averred that the complainant vide email dated 31.10.12 requested the OP for bookings in Jodhpur Fort Chanwa Luni in lieu of 7 nights trial membership. Complainant requested the said bookings against his trial membership days offered to him and in complete consonance of clause 12 of the terms and conditions. Clause 12 is reproduced as under:-
12.  

‘The purchaser decide having their right to use his/her week (s) may also sell, gift, rent or bequeath the week to any third party, with prior written intimation to the promoter.’

1. The complainant was shocked as OP vide e-mail dated 04.11.12 mentioned that only one room shall be given, other rooms were to be given at the rate of Rs.7,500/- per night with taxes extra for studio. Thereafter the complainant wrote various emails and made telephonic calls to OP but did not get any positive response from the OP. Thus aggrieved, the complainant approached this Forum with the prayer to refund the amount of Rs.12,000/- alongwith interest @ 18% per annum. Additionally for issuing direction to OP to pay Rs.4 lakhs towards compensation for mental harassment and Rs.55,000/- towards cost of litigation.

2. OP resisted the complaint inter-alia stating that the complainant himself failed to fulfill the formalities/ contractual obligations. OP submits that OP company is the Marketer/Agent of Fort Chanwa Luni and provides holiday packages for and on behalf of Fort Chanwa Luni at Jodhpur. OP further submits that it has an Agreement with RCI, with respect to holidays package which carry separate and independent Agreement for providing holidays package to the customer.
   1. OP submits that through an email dated 04.11.12 to the complainant OP had informed the complainant to deposit the chargeable amount as per terms and conditions. OP has denied all the averments made by the complainant. Hence, OP prays for dismissal of the complaint with heavy cost.
3. Complainant has filed rejoinder to the written statement of OP reiterating the averments made in the complaint. 
4. Complainant has filed evidence by way of affidavit.  On the other hand, affidavit of Sh. Anuj Pandit, Director has been filed on behalf of OP.
5. Written arguments have been filed on behalf of the OP only. 
6. We have heard the oral arguments advanced by the Ld. Counsels of the parties and have also gone through the material placed on record.
7. Admittedly, the complainant paid Rs.12,000/- for Trial Membership of OP through the Credit Card. Complainant  was provided with the holiday voucher wherein he was offered 3 nights - 4 days holiday at any of the tie-up hotels at Manali/Mussoorie/Jaipur/Nainital & Goa. The complainant chose not to visit any of these places submitting that he found the tie-up hotel in Manali to be sub-standard. Instead the complainant asked OP to book for his stay in Mumbai which was never promised to him by OP.   
8. Further the undertaking for Trial Membership which is duly signed by the complainant reads as under:

One week of holidays at any RCI affiliated resort in India within one year from the date of payment to check the quality and services of membership. All RCI and Fort Chanwa Luni terms and conditions about exchange and maintenance etc. will be applicable to avail the holidays.’

It is not clear whether the complainant had paid the annual management/maintenance charges therefore the complainant’s request to visit Jodhpur Fort Chanwa Luni vide email dated 31.10.12 for 7 nights trial membership could not be fructified/materialized. However, the complainant after paying fee of Rs.12,000/- did not avail any service of OP hence he is entitled forthe same. Further vide e-mail dated 31.10.12 OP admitted its liability to refund and confirmed to the complainant as:

‘In case of non availing the holidays due to non availability of dates and destination requested by you your amount (exchange and maintenance fee) will be refunded to you without any deduction.’

Since the complainant called for refund within 3 months of booking the holiday package, he cannot be burdened with maintenance charges for full year. However, OP is entitled to retain the expenses incurred on administration and other miscellaneous charges. We fix the same as Rs.3,000/-

9. Accordingly we allow the complaint and direct OP to refund Rs.9,000/- with 6% interest per annum to the complainant from the date of filing of the complaint till realization within a period of one month from the date of receiving of copy of this order. Failing which OP shall be liable to pay Rs.9,000/- with 9% interest per annum from the date of filing of the complaint till realization.

In the facts and circumstances of the case, we do not award any amount towards compensation and litigation expenses.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.Thereafter file be consigned to record room.   

Announced on 07.05.19.